DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4637)

TORQUE RIGGING PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 AUGUST 2016

Application for approval of the Torque Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Torque Rigging Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 1 August 2016 and, in accordance with s.54, will operate from 8 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Torque Rigging Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) Mobile Crane Hiring Industry Enterprise Agreement 2016-2019. The application was brought under section 234 of the Fair Work Act 2009, seeking the Commission's endorsement of the proposed agreement which was to regulate the employment conditions of workers within the mobile crane hiring industry.

The central legal issues revolved around whether the agreement complied with the requirements of the Fair Work Act, particularly sections 227 and 230. Section 227 mandates that an enterprise agreement must provide for certain minimum terms and conditions, including pay rates, hours of work, and other employment terms. Section 230 further requires that the agreement must be free from prohibited content and comply with the good faith bargaining provisions. The Commission had to ascertain whether the agreement met these statutory prerequisites.

In its decision, the Commission assessed the agreement against the legislative criteria. It determined that the agreement adequately addressed the minimum terms and conditions as outlined in section 227. The proposed pay rates and working conditions were found to be reasonable and in line with industry standards. Additionally, the Commission was satisfied that the agreement was free from prohibited content and reflected genuine good faith bargaining between the parties. Consequently, the Fair Work Commission approved the Torque Rigging Pty Ltd and CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2016-2019, deeming it to be compliant with the requirements of the Fair Work Act.

The Fair Work Commission's approval of the agreement resulted in the formal endorsement and implementation of the terms and conditions set out in the enterprise agreement. This decision ensures that the agreement will govern the employment conditions of workers in the mobile crane hiring industry for the specified period, providing a framework for fair and regulated workplace practices.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established